RAMESH SINGH Vs. VAIJANTI BAI

JUDGEMENT

(1.) A judgment dated 6/9/2000 passed by learned 1st Additional District Judge, Morena, in Civil Appeal No. 70-A/ 96 setting aside the judgment and decree dated 10.9.97 passed by learned 1st Civil Judge Class- I, Ambah and remanding the case to him for consideration afresh has been impugned in this Misc. Appeal.

(2.) The plaintiff/respondent Nos. 1 and 2 being the daughters of Kalyan Singh (since dead) and the plaintiff No. 3 being his adopted son, feared alienation of property by Kalyan Singh due to his deteriorating health. Hence they filed a suit for declaration and permanent injunction against Kalyan Singh, Smt. Awadh Kunwar (the respondent No. 4) and the present appellants. The suit was rejected on the ground that the plaintiff Nos. 1 and 2 are no in possession of the land in question. They are married daughters of Kalyan Singh. Similarly, the plaintiff No. 3 was not found to have been adopted by Kalyan Singh.

(3.) Being aggrieved by rejection of the suit, the plaintiffs filed a civil appeal before learned Additional District Judge, Morena. During the pendency of appeal Kalyan Singh died and therefore, under Order 6 Rule 17 of the Code of Civil Procedure (hereinafter referred to as 'the Code') the plaintiffs filed an application for amendment pleading a change in circumstances. Learned Appellate Court decided ihe amendment application first without going into merits of the appeal; set aside the judgment and decree passed in the suit; and remanded the case for a fresh consideration.